(a) For purposes of this section, an “individual with a disability” is an individual who has one or more of the following that would substantially impair the ability to defend oneself:
(1) A physical or mental disability, such as a decreased use of arms or legs, blindness, deafness, intellectual disability, or mental illness.
(2) An infirmity.
(b) to (d) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 767, § 31, eff. Oct. 1, 1994 .
(e) Unless the conduct is covered under some other provision of law providing greater punishment, any person who commits any aggravated assault or assault and battery on an individual with a disability is guilty of a Class F felony. A person commits an aggravated assault or assault and battery upon an individual with a disability if, in the course of the assault or assault and battery, that person does any of the following:
(1) Uses a deadly weapon or other means of force likely to inflict serious injury or serious damage to an individual with a disability.
(2) Inflicts serious injury or serious damage to an individual with a disability.
(3) Intends to kill an individual with a disability.
(f) Any person who commits a simple assault or battery upon an individual with a disability is guilty of a Class A1 misdemeanor.
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